[Sussex] lin---s.com

John Crowhurst fyremoon at fyremoon.net
Wed Feb 18 17:47:06 UTC 2004


> In the UK trademarks are setup in different categories so if I was to
> start a company called as you say Handcross windows selling it would not
> be in the category 9 that software and the like is.
>
> Saying that Windows is probably a registered trademark although it
> shouldn't be because it is a common dictionary word but when used in
> conjunction with Microsoft it means something more.

The registering of trademark on a common use dictionary word was a mistake
the government department made in the US. Normally you aren't allowed to
register trademarks on common use words. Microsoft slipped through the net
as it were.

If you were selling double glazed windows, could you call yourself
Somebody's Windows? Quite possibly in the UK, but in the US if someone
holds  trademark on a word, then you can't use it. Frosties are a good
example...

Frosties in the UK denotes Kelloggs Frosties, in the US they can't call
the cereal that name as Wendys has the name for their iced drink, so
Kelloggs has to use Frosted Flakes.

--
John






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